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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On August 7, 2017, around 23:25, the Defendant sent 150,000 won to G (V, 16 years of age) who was parked in the D Park parking lot located in Gyeyang-gu Incheon Metropolitan City, and came to know through the Defendant’s writing “F” posted on the Internet-type “F”, within the E-car. The Defendant provided 150,000 won to G (V, 16 years of age) who is a child or juvenile and provided a single gender.
Accordingly, the defendant did the act of purchasing child or juvenile sex as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. The photographing of the contents of the F dialogue and the application of the statutes governing field CCTV photographs;
1. Article 13 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse and the selection of a sentence concerning the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to the registration and submission of personal information under Article 3 and the main sentence of Article 56(1) of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse ( January 16, 2018), the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.
Reasons for sentencing
1. Scope of applicable sentences under law: One year to ten years; and
2. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be limited to the act of buying sex of children or juveniles who are under the age of 19 years (the act of buying sex of children or juveniles) in the basic area (the act of buying sex of children or juveniles) (the act of buying sex of children or juveniles from October to June).
3. The Defendant, who was sentenced to a fine on the same kind of case, committed the instant crime again on the ground that he/she had the record of being sentenced to a fine, and the instant crime was committed by the Defendant, who is an adult, purchasing the sex of a child or youth whose perception of sex has not yet been formed properly, and the quality of such crime is not good.